Assigned on Briefs June 6, 2017
from the Criminal Court for Shelby County No. 94-01152 John
Wheeler Campbell, Judge
Terrance Pulliam, appeals from the summary dismissal of his
second petition for writ of error coram nobis. He contends
that the coram nobis court erred in dismissing his petition
as time-barred. Upon review, we affirm the judgment of the
coram nobis court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
K. Guibao, Memphis, Tennessee, for the appellant, Terrance
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Kirby May, Assistant District
Attorney General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
1995, Petitioner was convicted by a jury of premeditated
first degree murder and sentenced to life imprisonment.
State v. Pulliam, 950 S.W.2d 360, 361 (Tenn. Crim.
App. 1996). In this court's opinion affirming
Petitioner's conviction on direct appeal, we summarized
the facts underlying his conviction, in part, as follows:
The conflict between [Petitioner] and Lee Franklin began in
July, 1992, when [Petitioner] shot Franklin's brother.
Following this incident, according to the State's
witnesses, Franklin and [Petitioner] occasionally engaged in
verbal altercations. On October 2, 1993, at approximately
12:45 a.m., Franklin, his cousin Cameron Aldridge, and a
friend Robert Barr, went to Club Memphis to socialize and
dance. None of the group drank while at Club Memphis, as the
Club does not serve alcohol to those under twenty-one. The
group left the Club at approximately 3:20 a.m. to return
home. As they entered the parking lot, they encountered
another acquaintance, Christopher Body. Body informed Lee
Franklin that he had seen [Petitioner] in the parking lot. At
this point, Aldridge got into Body's car. Body then
circled the parking lot and backed his car into a space
adjacent to Franklin's Ford Bronco. The Ford Bronco was
parked facing the sidewalk and the street. Franklin and Barr
walked toward the Bronco. Barr noticed that the front
passenger window of the Bronco had been broken while the
group had been inside the Club. As he and Franklin approached
the Bronco, [Petitioner's] car hit Franklin at an
approximate speed of 30 to 40 miles per hour. [Petitioner]
then jumped from his car and fired his gun approximately
three times in Franklin's direction. Barr testified that
the gun was "some kind of like a black automatic - like
a little automatic .25 - anywhere from .25-.32 automatic;
something like that." Franklin attempted to run, but
fell to the grass in front of his Bronco and rolled onto the
sidewalk. [Petitioner] drove out of the parking lot and
turned onto the street in front of the Bronco. At this point,
Franklin indicated to Robert Barr that he had been shot.
Robert Barr testified, "So when [Franklin] said 'I
been shot' that's when [Petitioner] stops in the
middle of the street, comes, like, over to the
passenger's side [of his vehicle], aims out, shoots
again." Cameron Aldridge testified that, as [Petitioner]
shot at Franklin a second time, he said, "If I
didn't get you this time, I got you this time, boy."
According to the State's witnesses, neither Franklin nor
his companions were armed.
Pulliam, 950 S.W.2d at 362.
subsequently filed a petition for post-conviction relief
alleging ineffective assistance of counsel. Terrance
Pulliam v. State, No. W1999-00277-CCA-R3-PC, 2000 WL
1285329, at *1 (Tenn. Crim. App. Aug. 30, 2000), perm. app.
denied (Tenn. Feb. 12, 2001). The post-conviction court
denied relief, and a panel of this court affirmed the denial.
November 15, 2001, Petitioner filed a petition for writ of
error coram nobis alleging that he had met an inmate, Redonna
Hanna, who revealed he was with the victim at the time of the
offense and that the inmate had "signed an affidavit
attesting to certain material facts that are contrary to the
testimony of three of the State's witnesses." In an
order entered pursuant to Rule 20 of the Rules of the Court
of Criminal Appeals, a panel of this court affirmed the
denial of Petitioner's writ. Terrance Pulliam v.
State, No. W2002-00128-CA-R3-CO (Tenn. Crim. App. July
23, 2002) (order). The panel concluded that the writ was
untimely and found that Hanna's testimony would